2007 No. 507

SHERIFF COURT

The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007

Made

Coming into force

At the Court at Buckingham Palace, the 14th day of November 2007

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 41 and 43 of the Sheriff Courts (Scotland) Act 19711 and all other powers enabling Her to do so.

In accordance with section 41(5) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows.

Citation and commencement1

This Order may be cited as the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 and comes into force on 14th January 2008.

Variation in limit of privative jurisdiction of sheriff court2

In section 31 of the Sheriff Courts (Scotland) Act 1971, for the sum of one thousand five hundred pounds2 substitute the sum of £5000.

Variation in limit of summary cause3

Paragraphs (a), (b) and (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 are amended by substituting for the sum of one thousand five hundred pounds3 the sum of £5000.

Savings4

The amendments made by articles 2 and 3 of this Order shall not apply in relation to any proceedings commenced before 14th January 2008.

Revocation5

The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 19884 is revoked.

Judith SimpsonClerk of the Privy Council

(This note is not part of the Order)

This Order raises the limit of the privative (or exclusive) jurisdiction of the sheriff court and the limit of the summary cause from £1500 to £5000. The new limits do not apply to proceedings commenced before the Order comes into force.